A high profile Cook Islands lawyer has called out authorities for their handling of minor traffic infringements.

Mark Short has raised concerns following a crackdown by police over the Christmas period, when a record number of motorists were hit with infringements.

Infringements totalled 290 in December – a number that would normally be spread over six months or more.

Nearly 75 per cent of drivers fined were under the age of 40.

The most common minor offence – 76 per cent of the total number of fines was driving without a warrant of fitness (WOF).

They were each given a $20 fine which had to be paid in seven days.  

Since the holiday blitz, the majority of people called in Criminal Court, have been for unpaid fines.

Nineteen people were called into court at Avarua for failure to pay a fine on Thursday last week.

Police spokesman Trevor Pitt has not responded to questions, but in January said courts would not be clogged with people failing to pay fines if drivers “simply did what they’re supposed to” by keeping up their legal obligations.

It doesn’t wash with Short, who says an unacceptable number of young people are ending up with convictions as a result of the process.

“Although I don’t condone people that break the law, my clients feel that having a conviction entered against their name for what is considered a minor offence is unacceptable.

“Once they have a conviction entered against their name, they will have to carry this conviction for the rest of their lives and it seems extremely unfair especially when the conviction relates to an offence such as failing to pay a fine of $20.  

“They are given seven days to pay their fines and this doesn’t take into account that they have been on subsidy, and have been struggling to pay these fines in addition to their food, power and fuel expenses,” Short said.  

When summoned to court, they often borrowed money or asked their employers for an advance in pay, then rushed to the police station to pay their fines, he added.

“They are still expected to appear in court, and after presenting their receipts as evidence for paying their fines, are convicted and ordered to pay an additional fine, sometimes exceeding the fine for their traffic infringement.”  

There didn’t appear to be any attempt by authorities to go the extra mile to inform the public their fines were overdue and would incur penalties, similar to the way New Zealand managed their cases where reminder notices were sent out as a way to give people an opportunity to pay or either enter into an arrangement for instalment payments over time, Short said.   

“The question that needs to be asked is why isn’t the diversion programme used as an alternative to give young people the opportunity to avoid conviction so that they won’t have a blemished record that will affect them later on in life.

“In one particular case that occurred during the holidays, the person who had received an infringement notice wasn’t able to get a warrant within the seven days because the mechanical shops were closed.  

“When he told the police, they didn’t seem to care.

“This person didn’t want to complain because he is a non-Cook Islander working in Rarotonga and didn’t want to cause any problems for fear of reprisal.”

Short said there had been suggestions the ticketing blitz was “simply a money-making exercise and if this is the case, then it is ill advised because people are still suffering and are in recovery mode trying to get back on their feet”.

“As a small community, we need to show compassion for our people which is often lacking in our enforcement and justice organisations.

“Receiving a conviction for not paying your fine for an infringement notice is extremely harsh.

“Especially if you are a young person with a bright future ahead of you.”